CRIM1010 Chapter 3: Week 5 - Understanding Offending: rational choice theories
19 Jun 2018
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White, R and Perrone, S (2015) Crime, Criminality and Criminal Justice, Oxford University
Press. Chapter 3 (pp. 51-58)
Traditional Criminological Theory
Introduction
the study of crime is essentially the study of society; how we define and view crime is
shaped by our conceptions
the study of crime is also a study of behaviour; its explanations and causes
theories of criminogensis (causes of crime) emphasises that there are many reasons for
committing criminal offences or engaging in deviant behaviour
some theories challenge how we define ‘crime’ and ‘delinquency’
different theories varies considerably: some concentrate on examining the criminal act;
some the offender and others see crime as a social process
the causes represented has major implications for strategies of crime prevention and
crime control
depending on the theory, the solution is seen in terms of punishment, treatment or
rehabilitation of offenders
Gaining Perspective
criminological theory can be presented as discrete perspectives or approaches which
attempts to understand particular situations through asking questions, using certain
concepts, constructing a type of framework of analysis and explanation
‘ideal types’: provides a means by which can clarify main ideas and identify important
differences between the broad approaches
is an analytical tool, not a moral statement of what ought to be. It comprises a process of
choosing different aspects of social phenomena and combining them into a typical
model or example
for example, ideal bureaucracy has set rules, regulations, hierarchical chain —> by
constructing a model of a typical bureaucracy we are able to compare different
organisations and view their structure and function
criminological theories tend to locate their main explanation for criminal behaviour or
criminality at the individual, the situation and the structural levels
oIndividual: personal characteristics and background of individual offenders
oSituation: types of interactions with other people and how these contacts
influence personal behaviour
oStructural: look to the nature of society as a whole for their explanation
1.conservative perspective: see crime as ultimately stemming from the lack of morals
values and inadequate discipline in a society
2.Liberal and more radical analyses: issues relating to inequality and social divisions
within criminology, there is a natural diversity of viewpoints as different writers and
researchers see the world differently
reading criminological material, it is important to examine the assumptions of writers, key
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concepts they used and the methods and arguments employed to support their theories
the study of crime involves identifying and analysing the values and opinions of various
criminologists
Classical Theory and Individual Choice
- criminological thinking can be traced back to the middle of the 18th century
- social philosophers began turning their minds to concepts such as crime and law
- brought forth the classical school of thought at it’s core is a utilitarian philosophy of crime
and punishment
-Classical Theory focuses on the rational reasoning of human beings (reasons and actions).
Individuals have free will enabling them to act in their best interests, however due to
influences they violate their freedoms in return for protection from the state
- the laws and rules developed under a rational system of justice is deemed as reasonable and
binding for all aka social contract
- thus, an individuals who engages in crime acts irrationality
- the purpose of punishment within the law is to deter individuals who impinge and violate
upon other’s rights and interests —> legitimacy of social contract
- leading figures of the development of classical criminology Cesare Beccaria and Jeremy
Bentham
Cesare Beccaria
- In 1764, an Italian enlightenment philosopher wrote On crimes and punishment, profound
critique of the existing systems of laws and criminal justice
- His work was inconsistent with the judicial decision making characterises of the anciens
regimes (monarchic and aristocratic rule) across Europe
condemns the harsh and barbaric punishment e.g. routine use of torture
personal granting of mercy
practice of conviction without trial
- Beccaria argued that these practices were ineffective on the basis for crime control
- Beccaria states that the basis of social action should be the utilitarian concept
- hence, the purpose of punishment should not be aimed towards social revenge/retribution
but more towards deterring individuals and others from committed crime/
- therefore, prevention of crime is more important that the punishment of crime
- Beccaria proposed a set of principles to make the exercise of authority more rational
1. these principles were established due to human beings being self interested and rational, a
rational system of justice would be effective in deterring crime
2. proposed legal reforms
codification and publication of the law: written and communication laws and punishments
that aim to educate people
abolition of draconian and arbitrary punishments and restraints on judicial power: human
but severe (offset the rewards of crime)
administration of punishment in a swift and certain manner: professional police and judicial
system
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proportionality of punishment: punishment that fits the crime
Jeremy Bentham
- the classical view of criminology developed in the writings of Bentham, a British philosopher
and social reformer
- provided a more firm intellectual foundation for Beccaria;s deterrence based model of
human behaviour; position human beings and society in the framework of utilitarianism
- argued that all behaviour is hedonistic; seeking pleasure and avoiding pain (actions that
result in pleasure bring utility, who those that produce pain result in disutility)
- the inclination to offend is based on rational choice; conscious decision that offending action
brings pleasure than pain
- the criminal law provides a framework of social interaction; social contract between the
individual and the state that limits individuals in pursuing their own interests
- enforcement of criminal law should be based on making adherence the rational thing to do
and violation would result in negative sanctions
Responsibility for One’s Actions
- classicism locates that the source of criminality within the rational, reasoning individual, and
sees it as a matter of choice and intent on the part of the offender
• important to be familiar with the law and it’s punishment when making choices
- punishment intends to deter people from making irrational choices through the threat of
pain (penalty)
- individuals must be held responsible for their actions as they are free willed and act in their
own interests
- classical criminal policy focus on the criminal act;
• equal punishments for equal crimes
• emphasis on equal treatment due to inputting equality in presumption of rationality and
legal proceedings (equality is important in order to eliminate bias and taking into account
prior offences of individuals - it should be just and fair)
• hence, through punishment an individual would see that obeying the law coincide with being
rational
- the classical school of thought emphasis human agency: choice, free will, intent and
therefore responsibility
- crime is seen as a violation of legal consensus whereby the law should be neutral, codified
and impartial —> punishment should intent to deter individual
- The main emphasis of classical criminology is on the criminal act, the equal and systematic
application of laws in relation to this act
The ‘Just Deserts’ Approach
- classical thinking is evident in legal doctrine that emphasises:
• conscious intent or choice (e.g. the notion of mens rea)
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